Bayhaqi 21502 — One who said: Whoever secures the inheritance secures

Amr bin Shu'ayb narrates from his father, from his grandfather, that Ri'ab bin Hudhayfah married a woman, and she bore him three boys. Their mother died, and they (the three) inherited her dwellings and the wala' of her freed slaves. Amr bin al-As (may Allah be pleased with him) was the 'asabah of her sons. He took them to Syria, where they died. Amr bin al-As (may Allah be pleased with him) came back, and a freed slave of that woman died, leaving wealth. Her brothers brought the dispute to Sayyiduna Umar bin al-Khattab (may Allah be pleased with him), and Sayyiduna Umar (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "Whatever a child or a father secures belongs to his 'asabah." The narrator said: I wrote a document containing the testimony of Abd al-Rahman bin Awf and Zayd bin Thabit (may Allah be pleased with them both) and another man. When Abd al-Malik became caliph, they presented their case to Hisham bin Isma'il or Isma'il bin Hisham, who referred it to Abd al-Malik. He said: This is a judgement I would not have arrived at. The narrator said: He ruled according to the document of Sayyiduna Umar (may Allah be pleased with him), and we are upon it to this day.
(b) Al-Shaykh (may Allah have mercy on him) said: This is how it is in this narration, whereas we have narrated from Sa'id bin al-Musayyib (may Allah have mercy on him) that Sayyiduna Umar bin al-Khattab and Uthman bin Affan (may Allah be pleased with them both) both said: Wala' belongs to the senior. The mursal of Ibn al-Musayyib from Umar (may Allah be pleased with him) is more authentic than the narration of Amr bin Shu'ayb; and as for the marfu' hadith in it, it does not state that the Prophet (peace and blessings be upon him) said that about wala'.